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HR 2459 - 101

Coast Guard Authorization Act of 1989

Became Public Law No: 101-225.

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Summary

39 Senate agreed to House amendment with amendment May 28, 2002

Coast Guard Authorization Act of 1989 - Title I: Authorizations - Authorizes appropriations for the Coast Guard for FY 1990 and 1991 for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement for aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, test, and evaluation; (4) retirement pay and benefits; and (5) alteration or removal of bridges that are obstructions to navigation. Authorizes the end strength for active-duty personnel of the Coast Guard for FY 1990 and 1991. Specifies the authorized average military training student load for the Coast Guard for FY 1990 and 1991. Amends the Inland Navigational Rules Act of 1980 (INRA) to rename the Rules of the Road Advisory Committee as the Navigation Safety Advisory Council. Amends the INRA and other Federal law to extend the termination of the Council and the Towing Safety Advisory Committee to September 30, 1995. Amends Federal law to prohibit the Secretary from considering the political affiliation of individuals considered for appointment to the Commercial Fishing Industry Vessel Advisory Committee. Title II: Programs - Makes technical amendments to the Act To Prevent Pollution from ships and to provisions of law relating to military whistleblowers. Amends Federal law providing for continuity of grade for Coast Guard vice admirals when reappointed to another position as vice admiral to include reappointment of a vice admiral as an admiral. Amends Federal law relating to appointment of Coast Guard personnel to require appointment to the grade of lieutenant (junior grade) or lieutenant to be made by the President without the advice and consent of the Senate. Directs the Secretary to furnish the board that recommends continuation of captains on active duty with the number of officers that may be so recommended, which number must be no less than 50 percent (currently 75 percent) of the number considered. Authorizes the Secretary of the department in which the Coast Guard is operating, in certain circumstances, to adjust the date of appointment of Coast Guard Reserve officers. Applies provisions relating to Coast Guard retention boards and removal from an active status to provide a flow of promotion to Reserve officers who have 18 years or more of service for retirement. Authorizes the Secretary of the department in which the Coast Guard is operating to carry out a pilot program to establish and maintain a junior reserve officers training program, to be known as the Claude Pepper, Junior Reserve Officers Training Program, in Dade County, Florida, as part of the Maritime and Science Technology Academy established by the public school system in that county. Allows the Secretary to authorize the Academy to employ as administrators and instructors for the pilot program retired Coast Guard and Coast Guard Reserve commissioned, warrant, and petty officers. Provides for the amount of pay for each such employee and requires the Secretary to pay to the Academy one half of such amount. Prohibits, notwithstanding any other law, any officer or employee of the United States from contracting for procurement of performance of any function being performed by Coast Guard personnel as of January 1, 1989, before: (1) the Secretary of Transportation has performed a study under a specified Office of Management and Budget circular with respect to that procurement; (2) the Secretary has performed a study to determine the impact of that procurement on the multimission capabilities of the Coast Guard; and (3) copies of the studies are submitted to specified committees of the Congress. Requires contracts awarded by the Coast Guard for construction or services in States with an unemployment rate higher than the national average to include a provision requiring the contractor to employ local residents. Empowers the Secretary of Transportation, in certain circumstances, to waive such requirement. Directs the Secretary of Transportation to: (1) report to the Congress on the options available to control the infestation of U.S. waters, including the Great Lakes, by exotic species from ballast water; and (2) report to the Congress on the costs incurred by the Coast Guard in providing security at Kennebunkport, Maine, and seek reimbursement of those security costs from the Secretary of the Treasury. Directs the Secretary of the department in which the Coast Guard is operating to establish a vessel traffic service in the New York Harbor area and on the Lower Mississippi River in New Orleans. Directs the Secretary of Transportation to submit to the Congress: (1) a report on the needs for outfitting existing Coast Guard aircraft with surveillance and reconnaissance equipment to assist in law enforcement, and the cost of that equipment; and (2) a plan for closing existing gaps in radar coverage along the U.S. coastline on the Gulf of Mexico and the southeastern U.S. coastline on the Atlantic Ocean. Amends Federal law relating to vessels and seamen to define "numbered vessel" to mean a vessel for which a number has been issued under provisions governing numbering of undocumented vessels. Directs the Secretary of Transportation and the Secretary of the Treasury to develop a procedure for constructive seizure of vessels engaged solely in coastwise trade which are suspected of being used for violations of law involving controlled substances. Amends Federal law relating to a report to the Congress to specify that information in the report on user fees collected by the Coast Guard is to include user fees collected under any law. Directs the Secretary of Transportation to: (1) amend specified Federal regulations, governing the board for the correction of military records, to ensure that an application for correction is processed expeditiously and that final action is taken within ten months; and (2) appoint and maintain a permanent staff, and a panel of civilian officers or employees to serve as members of the board, which are adequate to ensure such processing and final action. Directs the Secretary of Transportation or the Commandant of the Coast Guard, before acquiring a vessel for use by the Coast Guard, to review the inventory of vessels acquired by the Secretary or the Secretary of Commerce under default on federally insured ship mortgages to determine whether any of those vessels are suitable for the Coast Guard. Amends Federal law relating to merchant seamen protection and relief to: (1) remove provisions authorizing the Secretary of the department in which the Coast Guard is operating to prescribe regulations; and (2) require an individual in charge of a documented vessel to report to the Secretary a complaint of a sexual offense prohibited under provisions of Federal criminal law relating to sexual abuse. Provides for civil monetary penalties for failing to make such a report. Directs the Secretary of the department in which the Coast Guard is operating to convey the Block Island Southeast Lighthouse to the Block Island Southeast Lighthouse Foundation of the town of New Shoreham, Rhode Island. Provides for continued U.S. operation and maintenance of navigation aids in the lighthouse. Prohibits the Secretary of Transportation from transferring the Coast Guard cutter ACUSHNET from Gulfport, Mississippi, until two Coast Guard patrol boats are based permanently in Gulfport. Deems the Coast Guard to be an instrumentality within the Department of Defense for certain purposes relating to housing. Prohibits the reduction of 1990 or 1991 expenditures for Coast Guard services other than drug law enforcement unless Congress is notified in accordance with this Act. Provides that this provision shall not be construed to reduce the Coast Guard's ability to interdiction opportunities. Provides for the operation of the Boston Light Station on a permanent basis. Sets forth a Coast Guard environmental compliance and restoration program which shall include identifying and cleaning up hazardous substances and pollutants. Establishes the Coast Guard Environmental Compliance and Restoration Account. Title III: Sets forth various technical amendments relating to documentation and licensing of vessels on the Great Lakes, vessel identification systems, commercial instruments and maritime liens, an extension of the exemption of certain fishing industries for inspection requirements, and the issuance of certificates of documentation for coastwise operation to several vessels.

17 Reported to House with amendment(s) May 28, 2002

Coast Guard Authorization Act of 1989 - Title I: Authorizations - Authorizes appropriations for the Coast Guard for FY 1990 for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement for aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, test, and evaluation; (4) retirement pay and benefits; and (5) alteration or removal of bridges that are obstructions to navigation. Authorizes the end strength for active-duty personnel of the Coast Guard for FY 1990. Specifies the authorized average military training student load for the Coast Guard for FY 1990. Authorizes the Secretary of the department in which the Coast Guard is operating (Secretary) to: (1) acquire additional icebreakers by either lease or purchase, as the Secretary determines best; and (2) ensure that any such vessel meets the requirements of specified provisions of Federal law for a vessel to be constructed for the Coast Guard. Amends the Inland Navigational Rules Act of 1980 (INRA) to rename the Rules of the Road Advisory Committee as the Navigation Safety Advisory Council. Amends the INRA and other Federal law to extend the termination of the Council and the Towing Safety Advisory Committee to September 30, 1995. Amends Federal law to prohibit the Secretary from considering the political affiliation of individuals considered for appointment to the Commercial Fishing Industry Vessel Advisory Committee. Title II: Programs - Makes technical amendments to the Act To Prevent Pollution from ships. Amends Federal law providing for continuity of grade for Coast Guard vice admirals when reappointed to another position as vice admiral to include reappointment of a vice admiral as an admiral. Amends Federal law relating to appointment of Coast Guard personnel to require appointment to the grade of lieutenant (junior grade) or lieutenant to be made by the President without the advice and consent of the Senate. Directs the Secretary to furnish the board that recommends continuation of captains on active duty with the number of officers that may be so recommended, which number must be no less than 50 percent (currently 75 percent) of the number considered. Authorizes the Secretary of the department in which the Coast Guard is operating, in certain circumstances, to adjust the date of appointment of Coast Guard Reserve officers, including in cases arising before enactment of this Act. Applies provisions relating to Coast Guard retention boards and removal from an active status to provide a flow of promotion to Reserve officers who have 18 years or more of service for retirement. Authorizes the Secretary of the department in which the Coast Guard is operating to carry out a pilot program to establish and maintain a junior reserve officers training program, to be known as the Claude Pepper, Junior Reserve Officers Training Program, in Dade County, Florida, as part of the Maritime and Science Technology Academy established by the public school system in that county. Allows the Secretary to authorize the Academy to employ as administrators and instructors for the pilot program retired Coast Guard and Coast Guard Reserve commissioned, warrant, and petty officers. Provides for the amount of pay for each such employee and requires the Secretary to pay to the Academy one half of such amount. Prohibits, notwithstanding any other law, any officer or employee of the United States from contracting for procurement of performance of any function being performed by Coast Guard personnel as of January 1, 1989, before: (1) the Secretary of Transportation has performed a study under a specified Office of Management and Budget circular with respect to that procurement; (2) the Secretary has performed a study to determine the impact of that procurement on the multimission capabilities of the Coast Guard; and (3) copies of the studies are submitted to specified committees of the Congress. Requires contracts awarded by the Coast Guard for construction or services in States with an unemployment rate higher than the national average to include a provision requiring the contractor to employ local residents. Empowers the Secretary of Transportation, in certain circumstances, to waive such requirement. Directs the Secretary of Transportation to: (1) report to the Congress on the options available to control the infestation of U.S. waters, including the Great Lakes, by exotic species from ballast water; and (2) report to the Congress on the costs incurred by the Coast Guard in providing security at Kennebunkport, Maine, and seek reimbursement of those security costs from the Secretary of the Treasury. Directs the Secretary of the department in which the Coast Guard is operating to: (1) establish a vessel traffic service in the New York Harbor area and on the Lower Mississippi River in New Orleans; and (2) submit to the Congress a report that identifies the U.S. ports and coastal channels through which large quantities of oil or hazardous cargoes are transported and the costs to the United States of establishing vessel traffic services in those areas. Directs the Secretary of Transportation to submit to the Congress: (1) a report on the needs for outfitting existing Coast Guard aircraft with surveillance and reconnaissance equipment to assist in law enforcement, and the cost of that equipment; and (2) a plan for closing existing gaps in radar coverage along the U.S. coastline on the Gulf of Mexico and the southeastern U.S. coastline on the Atlantic Ocean. Amends Federal law relating to vessels and seamen to define "numbered vessel" to mean a vessel for which a number has been issued under provisions governing numbering of undocumented vessels. Directs the Secretary of Transportation and the Secretary of the Treasury to develop a procedure for constructive seizure of vessels engaged solely in coastwise trade which are suspected of being used for violations of law involving controlled substances. Directs the Secretary of Transportation to report to specified committees of the Congress regarding: (1) the operating and environmental safety records of tankers and barges equipped with double hulls or double bottoms; and (2) the costs and benefits to owners and operators of tankers and barges of requiring double hulls or bottoms on some or all new tankers. Amends Federal law relating to a report to the Congress to specify that information in the report on user fees collected by the Coast Guard is to include user fees collected under any law. Amends Federal law relating to merchant seamen licenses and certificates of registry to direct the Secretary of the department in which the Coast Guard is operating to conduct a review of the criminal record of each individual who applies for a new or renewed license. Directs the Secretary of Transportation to: (1) amend specified Federal regulations, governing the board for the correction of military records, to ensure that an application for correction is processed expeditiously and that final action is taken within ten months; and (2) appoint and maintain a permanent staff, and a panel of civilian officers or employees to serve as members of the board, which are adequate to ensure such processing and final action. Directs the Secretary of Transportation or the Commandant of the Coast Guard, before acquiring a vessel for use by the Coast Guard, to review the inventory of vessels acquired by the Secretary or the Secretary of Commerce under default on federally insured ship mortgages to determine whether any of those vessels are suitable for the Coast Guard. Prohibits the Secretary of Transportation, notwithstanding any other law, from reducing the level of Coast Guard activity during FY 1990 to increase drug law enforcement if amounts available from all sources for Coast Guard activities are equal to or greater than FY 1989 levels. Directs the Secretary of the department in which the Coast Guard is operating to suspend or revoke a license, certificate of registry, or merchant mariner's document if the holder is a current or chronic abuser of alcohol. Requires a suspension to remain in effect until the former holder provides sufficient proof that the former holder is no longer a current or chronic abuser of alcohol. Amends Federal law relating to merchant seamen protection and relief to: (1) remove provisions authorizing the Secretary of the department in which the Coast Guard is operating to prescribe regulations; and (2) require an individual in charge of a documented vessel to report to the Secretary a complaint of a sexual offense prohibited under provisions of Federal criminal law relating to sexual abuse. Provides for civil monetary penalties for failing to make such a report. Directs the Secretary of the department in which the Coast Guard is operating to convey the Block Island Southeast Lighthouse to the Block Island Southeast Lighthouse Foundation of the town of New Shoreham, Rhode Island. Provides for continued U.S. operation and maintenance of navigation aids in the lighthouse.

00 Introduced in House May 28, 2002

Coast Guard Authorization Act of 1989 - Authorizes appropriations for the Coast Guard for FY 1990 for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement for aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, test, and evaluation; and (4) retirement pay and benefits. Authorizes the end strength for active-duty personnel of the Coast Guard for FY 1990. Specifies the authorized average military training student load for the Coast Guard for FY 1990. Authorizes the Secretary of the department in which the Coast Guard is operating (Secretary) to: (1) acquire additional icebreakers by either lease or purchase, as the Secretary determines best; and (2) ensure that any such vessel meets the requirements of specified provisions of Federal law for a vessel to be constructed for any of the armed forces. Makes technical amendments to the Act To Prevent Pollution from ships. Amends Federal law providing for continuity of grade for Coast Guard vice admirals when reappointed to another position as vice admiral to include reappointment of a vice admiral as an admiral. Amends Federal law relating to appointment of Coast Guard personnel to require appointment to the grade of lieutenant (junior grade) or lieutenant to be made by the President without the advice and consent of the Senate. Directs the Secretary to furnish the board that recommends continuation of captains on active duty with the number of officers that may be so recommended, which number must be no less than 50 percent (currently 75 percent) of the number considered. Authorizes the Secretary of the department in which the Coast Guard is operating, in certain circumstances, to adjust the date of appointment of Coast Guard Reserve officers, including in cases arising before enactment of this Act. Authorizes the Secretary of the department in which the Coast Guard is operating to carry out a pilot program to establish and maintain a junior reserve officers training program in Dade County, Florida, as part of the Maritime and Science Technology Academy established by the public school system in that county. Prohibits, notwithstanding any other law, any officer or employee of the United States from contracting for procurement of performance of any function being performed by Coast Guard personnel as of January 1, 1989, before: (1) the Secretary of Transportation has performed a study under a specified Office of Management and Budget circular with respect to that procurement; (2) the Secretary has performed a study to determine the impact of that procurement on the multimission capabilities of the Coast Guard; (3) a request for approval of that procurement is submitted to the Congress; and (4) the procurement is approved by specified committees of the Congress. Requires contracts awarded by the Coast Guard for construction or services in States with an unemployment rate higher than the national average to include a provision requiring the contractor to employ local residents. Empowers the Secretary of Transportation, in certain circumstances, to waive such requirement. Extends the termination of the Rules of the Road Advisory Council and the Towing Safety Advisory Committee to September 30, 1992. Directs the Secretary of Transportation to submit to the Congress reports on: (1) the options available to control the infestation of the Great Lakes by exotic species from ballast water; (2) the costs incurred by the Coast Guard in providing security at Kennebunkport, Maine; (3) those U.S. ports through which large quantities of oil or other hazardous cargoes are transported, and the costs to the United States of establishing adequate vessel traffic systems in those ports; and (4) the needs for outfitting existing Coast Guard aircraft with surveillance and reconnaissance equipment to assist in law enforcement, and the cost of that equipment. Directs the Secretary to: (1) seek reimbursement of such Kennebunkport, Maine, costs from the Secretary of the Treasury; and (2) submit to the Congress a plan for closing existing gaps in radar coverage along the U.S. coastline on the Gulf of Mexico and the southeastern U.S. coastline on the Atlantic Ocean.

Sponsors

Timeline

Dec 12, 1989

Signed by President.

Dec 12, 1989

Signed by President.

Dec 12, 1989

Became Public Law No: 101-225.

Dec 12, 1989

Became Public Law No: 101-225.

Dec 1, 1989

Measure Signed in Senate.

Dec 1, 1989

Presented to President.

Dec 1, 1989

Presented to President.

Nov 21, 1989

Message on Senate action sent to the House.

Nov 21, 1989

Measure laid before Senate by unanimous consent.

Nov 21, 1989

Amendment SP 1195 proposed by Senator Kohl.

Nov 21, 1989

Amendment SP 1195 agreed to in Senate by Voice Vote.

Nov 21, 1989

Resolving differences -- Senate actions: Senate concurred in the House amendment to the Senate amendment with an amendment (SP1195) by Voice Vote.

Nov 21, 1989

Senate concurred in the House amendment to the Senate amendment with an amendment (SP1195) by Voice Vote.

Nov 21, 1989

Mr. Tauzin asked unanimous consent that the House agree to the Senate amendment to the House amendment to the Senate amendment.

Nov 21, 1989

Resolving differences -- House actions: On motion that the House agree to the Senate amendment to the House amendment to the Senate amendment Agreed to without objection.

Nov 21, 1989

On motion that the House agree to the Senate amendment to the House amendment to the Senate amendment Agreed to without objection.

Nov 21, 1989

Motion to reconsider laid on the table Agreed to without objection.

Nov 20, 1989

Resolving differences -- House actions: House agreed to Senate amendment with an amendment pursuant to H. Res. 296.

Nov 20, 1989

House agreed to Senate amendment with an amendment pursuant to H. Res. 296.

Nov 20, 1989

Message on House action received in Senate and held at desk: House amendment to Senate amendment.

Nov 19, 1989

Message on Senate action sent to the House.

Nov 18, 1989

Measure laid before Senate by unanimous consent.

Nov 18, 1989

Senate struck all after the Enacting Clause and substituted the language of S. 1512 amended.

Nov 18, 1989

Passed/agreed to in Senate: Passed Senate in lieu of S. 1512 with an amendment by Voice Vote.

Nov 18, 1989

Passed Senate in lieu of S. 1512 with an amendment by Voice Vote.

Nov 14, 1989

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 377.

Nov 7, 1989

Considered under the provisions of rule H. Res. 270.

Nov 7, 1989

Rule provides for consideration of H.R. 2495 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be read by title. Bill is open to amendments. It shall be in order to consider the amendment in the nature of a substitute recommended by the Committee on Merchant Marine and Fisheries now printed in the bill as an original bill for the purpose of amendment under the five- minute rule.

Nov 7, 1989

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 270 and Rule XXIII.

Nov 7, 1989

The Speaker designated the Honorable Ike Skelton to act as Chairman of the Committee.

Nov 7, 1989

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.

Nov 7, 1989

Mr. Tauzin moved that the committee rise.

Nov 7, 1989

On motion that the committee rise Agreed to without objection.

Nov 7, 1989

Committee of the Whole House on the state of the Union rises leaving H.R. 2459 as unfinished business.

Nov 7, 1989

Considered as unfinished business.

Nov 7, 1989

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

Nov 7, 1989

GENERAL DEBATE - The Committee of the Whole resumed general debate.

Nov 7, 1989

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2459.

Nov 7, 1989

The previous question was ordered pursuant to the rule.

Nov 7, 1989

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

Nov 7, 1989

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 383 - 3 (Roll No. 335).

Nov 7, 1989

On passage Passed by the Yeas and Nays: 383 - 3 (Roll No. 335).

Nov 7, 1989

Motion to reconsider laid on the table Agreed to without objection.

Nov 7, 1989

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2459.

Oct 19, 1989

Rules Committee Resolution H. Res. 270 Reported to House. Rule provides for consideration of H.R. 2459 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be read by title. Bill is open to amendments. It shall be in order to consider the amendment in the nature of a substitute recommended by the Committee on Merchant Marine and Fisheries now printed in the bill as an original bill for the purpose of amendment under

Sep 6, 1989

Reported (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 101-227.

Sep 6, 1989

Reported (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 101-227.

Sep 6, 1989

Placed on the Union Calendar, Calendar No. 142.

Aug 5, 1989

Mr. Tauzin asked unanimous consent that the Committee on Merchant Marine and Fisheries have until midnight on Sept. 1 to file a report on H.R. 2459. Agreed to without objection.

Jun 21, 1989

Ordered to be Reported (Amended).

Jun 21, 1989

Committee Consideration and Mark-up Session Held.

May 24, 1989

Introduced in House

May 24, 1989

Introduced in House

May 24, 1989

Referred to the House Committee on Merchant Marine and Fisheries.

May 24, 1989

Executive Comment Requested from Commerce, Interior, DOT, and DOD.

May 24, 1989

Forwarded by Subcommittee to Full Committee (Amended).

May 24, 1989

Subcommittee Consideration and Mark-up Session Held.

May 24, 1989

Referred to the Subcommittee on Coast Guard and Navigation.

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Amendments

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